Key Takeaways
- Open durational alimony replaced permanent alimony in New Jersey following the 2014 alimony reform law.
- New Jersey courts weigh multiple factors when awarding support, including the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage.
- Either spouse can request a modification if there is a substantial change in circumstances.
If you are going through a divorce in New Jersey after a long marriage, you may be worried about your financial future. The term “open durational alimony” may have come up. This type of spousal support replaced what was once known as permanent alimony, and it works differently than many people expect. Understanding how it applies to your situation is an important step in protecting your rights during the divorce process.
How Does Open Durational Alimony Work?
Open durational alimony is long-term spousal support awarded after divorce when one spouse was financially dependent on the other during a lengthy marriage. Although it functions similarly to the old permanent alimony, it is not truly lifetime support. It has no predetermined end date, but it is not guaranteed to last forever either.
Courts in New Jersey may award this type of alimony when the marriage lasted at least 20 years. The goal is to allow the supported spouse to maintain a lifestyle reasonably comparable with what was enjoyed during the marriage, while also giving that spouse resources to work toward financial independence over time.
What is the Difference Between Open Durational Alimony and Limited Duration Alimony?
Limited duration alimony is awarded in shorter marriages and comes with a fixed end date that cannot exceed the length of the marriage. Open durational alimony, by contrast, has no built-in expiration and is reserved for cases where the length and nature of the marriage justify ongoing support. The distinction matters significantly when negotiating a divorce settlement or preparing for litigation.
When Can Open Durational Alimony End or Be Modified?
Even without a set end date, open durational alimony can be changed or terminated. Common reasons include the supported spouse’s remarriage or cohabitation with a new partner, the paying spouse’s retirement at full Social Security retirement age, a significant change in either spouse’s income or employment, and the death of either party. Either spouse may petition the court for a modification if circumstances change substantially.
Frequently Asked Questions
Does open durational alimony automatically apply in marriages over 20 years?
No. Although marriages of 20 years or more are generally eligible, courts still evaluate all relevant factors before awarding this type of support. It is not automatic.
Can the amount of open durational alimony be changed after it is set?
Yes. Either spouse can request a modification if there is a substantial change in circumstances, such as job loss, a significant income change, or retirement.
What factors does a New Jersey court consider when setting alimony?
Courts look at the length of the marriage, each spouse’s income and earning potential, contributions made during the marriage, age and health of both parties, and the standard of living established during the marriage, among other factors.
Middlesex County Divorce Lawyer at Thakkar Family Law Can Answer Your Questions About Alimony
Open durational alimony can have a lasting impact on your financial future, whether you expect to receive it or pay it. The experienced Middlesex County divorce lawyer at Thakkar Family Law can help you understand your rights, evaluate your options, and advocate for a fair outcome. Call us today at 732-456-7456 or fill out the online form for a free consultation. We are located in Piscataway, New Jersey.